Group manager

Kyrychenko Yulia
Phone: 0672303496
juliakyr@gmail.com

Lead expert

Shapoval Volodymyr
v.m.shapoval@ukr.net

Civil Society Organisations:

  • Centre of Policy and Legal Reform
ISSUES TO BE RESOLVED BY THE REFORM

The Constitution of Ukraine after the changes in 2004, 2010 and 2014, which took place in violation of the constitutional procedure, cannot be the legal basis for the effective organization of the state and society and it is doomed to be ignored both by the state and by society. Public authorities (especially higher ones) when performing their powers are often guided by political expediency and manipulate constitutional provisions. The constitutional provisions are but declarations and the constitutional governance mechanism varies depending on changes in the unstable political interests. Officials guilty of violating the Constitution did not bear any political or legal responsibility. Apart from authorities inaction, this is also due to the low public awareness of the Constitution provisions. More than 50% of citizens have never read the Constitution.
Besides, constitutional provisions contain a number of significant substantive shortcomings: lack of clarity of the democracy principle, specifically, the declarative nature of the right of the people to change and establish the constitutional order and the declarative nature of the constitutional human and civil rights; dependence of MPs on the leader of the political party (imperative mandate); discrepancy of the status of the President of Ukraine and the powers vested in this post; the constitutional method of forming the government laying conflict in its further work as a team; inefficient system of central executive bodies; weakness of constitutional justice; preventing administrative and territorial reform and completion of the decentralization reform etc.
As a result, the unstable and unclear Constitution is ineffective and cannot be used as the basis for much- needed social reforms, i.e. political, administrative, local self-government reform and decentralization.

GOAL І.  EFFECTIVE AND LEGITIMATE CONSTITUTION OF UKRAINE
  1. Develop comprehensive constitutional changes through an inclusive process, extensive public consultations and taking into account the recommendations of the Venice Commission.
  2. Change the Constitution of Ukraine in accordance with constitutional procedures.
  3. Strengthen the role of civil society in the constitutional process by raising awareness of the ideology of constitutionalism and the provisions of the Constitution of Ukraine.
GOAL ІІ. THE STATE ENSURES THE IMPLEMENTATION
OF CONSTITUTIONAL RIGHTS AND FREEDOMS
  1. Define realistic socio-economic rights of citizens in the Constitution based on the balance of responsibilities and resources of the state.
  2. Establish effective mechanisms for securing the constitutional rights and freedoms; specifically, regulate legislatively the implementation of constitutional rights and freedoms of man and citizen (participate in governance through national and local referendums, etc.).
GOAL ІІІ. THE STATE GOVERNANCE MECHANISM IS CAPABLE
OF EFFECTIVELY MANAGING THE STATE IN THE INTERESTS OF UKRAINIAN SOCIETY
  1. Fix the balance of power within the parliamentary-presidential republic, which would make it impossible for any of the senior officials to usurp power.
  2. Strengthen the parliamentary system, in particular abolish the imperative mandate for MPs, change the procedure of adoption of laws by the parliament along with the introduction of various kinds of laws,
    consolidate the key role of the parliament in forming the government.
  3. Formalize the status of the government enabling it to effectively develop and implement a unified state policy. For this purpose, strengthen the role of the government in the legislative process and the responsibility of the government to the parliament. Reinforce the role of ministers in the public policy in each relevant area.
  4. Clearly distribute responsibilities between the president and the government.
  5. Ensure the formation of an independent and professional Constitutional Court by reducing the role of political bodies in appointing judges of the Constitutional Court.
GOAL IV. DECENTRALISED POWER WITH FORMED CAPABLE
LOCAL SELF-GOVERNANCE
  1. Formalize in the Constitution an administrative and territorial system that would be the most optimal for generating capable local and regional self-governance in Ukraine.
  2. Formalize in the Constitution capable local self-governance, i.e. establish guarantees for provision of material, financial and organizational resources to local self-governments for implementation of their own and delegated powers.
  3. Establish effective state control over the legality of activities of local self-government bodies.
GOAL V. IMPLEMENTATION OF AN EFFECTIVE MECHANISM FOR PROTECTION OF THE CONSTITUTION OF UKRAINE
  1. Provide for effective responsibility procedures for the President, MPs, and officials for violations of the Constitution. Namely, simplify the procedure of impeachment of the President, and limit parliamentary immunity.
  2. Establish guarantees of the formation and operation of an independent and professional Constitutional Court able to defend the Constitution by legal means.
  3. Impose criminal liability on officials guilty of violating the Constitution during the introduction of constitutional changes in 2004, changes of the Constitution via the Constitutional Court in 2010, as well as of violating the constitutional rights of man and of the citizen during the Revolution of Dignity.
ADDITIONAL INFORMATION

Group experts

  • Kliuchkovskyi Yurii
  • Koliushko Ihor
  • Koziubra Mykola
  • Kyrychenko Yulia
  • Kononchuk Svitlana
  • Meleshevych Andrii
  • Musiiaka Viktor
  • Shapoval Volodymyr
  • Tkachuk Anatoliy
  • Vasylenko Volodymyr
  • Bondarenko Bohdan
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